AMITA MAXIMA

3 definitions found across Law Mind sources

AMITA MAXIMAAuthored
The Law Mind • 695 words
Definition
In Roman civil law, *amita maxima* (Latin: "greatest aunt") refers to a great-great-grandfather's sister — that is, the sister of one's *abavus* (great-great-grandfather). The term belongs to the Roman system of precise kinship nomenclature, which assigned distinct Latin designations to each degree of collateral relationship for purposes of intestate succession and guardianship. The relationship may be expressed generationally as follows: where *amita* is a father's sister (paternal aunt), *amita magna* is a great-grandfather's sister, and *amita maxima* is a great-great-grandfather's sister — the most remote of the formally named "aunt" relationships in the classical civilian scheme. The term is also rendered *abamita* in the Digest, which Burrill notes as a synonymous designation drawn from the same root.
Common Confusion
*Amita maxima* is one node in a set of graduated Latin kinship terms that researchers frequently conflate. *Amita* alone means simply a paternal aunt. *Amita magna* (or *amita major*) designates a great-grandfather's sister. *Amita maxima* is the degree beyond that. The parallel maternal-line equivalents (*matertera*, *matertera magna*, *matertera maxima*) are distinct terms entirely. Rapalje & Lawrence's entry for *amitinus* — brothers' or sisters' children — appears immediately adjacent in the source text and is a separate concept; proximity in the alphabet has caused occasional conflation in transcription.
Why It Matters in Research
This term appears almost exclusively in sources dealing with Roman civil law kinship tables and intestate succession. Researchers will encounter it most often when working with: — **Civilian succession treatises** tracing heirship through remote collateral lines, particularly in jurisdictions that received Roman law (Scotland, Louisiana, Quebec, South African Roman-Dutch tradition). — **Digest scholarship**, where Dig. 38.10 (the title *De gradibus et adfinibus et gentilibus*) systematically maps degrees of kinship for inheritance purposes. The passage cited in Burrill (Dig. 38.10.10.17 and 38.10.3) is the controlling locus for this term. — **Historical equity and chancery materials** in which civilian kinship terminology was occasionally imported when courts needed to resolve succession disputes in estates governed partly by civil law principles. The practical research trap is assuming that common-law jurisdictions developed equivalent terminology. They did not. English common law identified collateral heirs in degrees but used plain English descriptors or numerical degree counts rather than the layered Latin nomenclature of the civilian tradition. A term like *amita maxima* appearing in an English legal source before the nineteenth century almost certainly signals that the author is drawing on a civilian text — Bracton, a civil law treatise, or a Scottish authority — rather than stating a rule of English common law. Researchers working in Louisiana or Quebec succession records may encounter this terminology in notarial instruments or succession inventories drafted by civilians trained in the French or Spanish tradition, both of which preserved Roman kinship nomenclature longer than the common law did.
Historical Dictionary Support
Burrill provides the most complete entry, grounding the term in the Digest and giving both the primary definition (great-great-grandfather's sister) and the synonym *abamita*. His citation to Dig. 38.10 is reliable and traceable. Rapalje & Lawrence render the term more loosely as "great-great-great aunt on the father's side," which reflects a generational counting method but is imprecise: the term technically designates the sister of the *abavus* (great-great-grandfather), making the relationship a great-great-great-aunt only from the perspective of the person tracing descent. The discrepancy is minor but worth noting when reconstructing kinship diagrams for succession analysis. Neither source addresses how courts in civilian jurisdictions operationalized this degree of relationship in actual litigation — a gap consistent with the reference function both dictionaries served. For substantive treatment, Pothier's works on succession and the French civilian commentators on the Digest are more productive.
Jurisdictional Note
The term is operative only within legal systems that received Roman civil law kinship nomenclature. It has no recognized function in English common law succession doctrine. Louisiana's Civil Code, drawing on the French and Spanish civilian traditions, historically used civilian kinship concepts, though modern Louisiana succession law has moved toward plain-language degree designations.
Related Terms
Amita — Amita magna — Abamita — Matertera — Matertera maxima — Gradus (degree of kinship) — Intestate succession — Collateral heir — Abavus — Civil law
AMITA MAXIMAmain
Rapalje & Lawrence • 1888
- A great-great-greatThe term is particularly applied to the act aunt on the father's side. of removing an officer of a corporation from office. AMITINUS.-Brothers' or sisters' children. AMITTERE CURIAM.-To be deprived of the right to attend court.
AMITA MAXIMAmain
Burrill's Law Dictionary • 1867
Lat. In the civil law. A greatest aunt; a great great-grandfather's sister, (abavi soror) a father's or mother's greater aunt, (patris vel matris amita major.) Dig. 38. 10. 10. 17. Called abamita. Id. 38. 10. 3.

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